# 43 CFR § 2091.1: Action on applications and mining claims

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-43-2091.1

## Section

- **Citation:** 43 CFR § 2091.1
- **Heading:** Action on applications and mining claims
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 43—Public Lands: Interior > Subtitle B—Regulations Relating to Public Lands > CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR > SUBCHAPTER B—LAND RESOURCE MANAGEMENT (2000) Group 2000—Land Resource Management › General > PART 2090—SPECIAL LAWS AND RULES > Subpart 2091—Segregation and Opening of Lands

## Text

(a) Except where the law and regulations provide otherwise, all applications shall be accepted for filing. However, applications which are accepted for filing shall be rejected and cannot be held pending possible future availability of the lands or interests in lands, except those that apply to selections made by the State of Alaska under section 906(e) of the Alaska National Interest Land Conservation Act and selections made by Alaska Native Corporations under section 3(e) of the Alaska Native Claims Settlement Act, when approval of the application is prevented by:
(1) A withdrawal, reservation, classification, or management decision applicable to the lands;
(2) An allowed entry or selection of lands;
(3) A lease which grants the lessee exclusive use of the lands;
(4) Classifications existing under appropriate law:
(5) Segregation due to an application previously filed under appropriate law and regulations;
(6) Segregation resulting from a notice of realty action previously published in the Federal Register under appropriate regulations; and
(7) The fact that, for any reason, the lands have not been made subject to, restored or opened to operation of the public land laws, including the mineral laws.
(b) Lands may not be appropriated under the mining laws prior to the date and time of restoration and opening. Any such attempted appropriation, including attempted adverse possession under 30 U.S.C. 38, vests no rights against the United States. Actions required to establish a mining claim location and to initiate a right of possession are governed by State laws where those laws are not in conflict with Federal law. The Bureau of Land Management does not intervene in disputes between rival locators over possessory rights because Congress has provided for the resolution of these matters in local courts.

## Nearby sections

- [43 CFR § 2091.0-1 § 2091.0-1 Purpose.](https://www.frixlaw.com/law-library/statutes/ecfr-43-2091.0-1.md)
- [43 CFR § 2091.0-3 § 2091.0-3 Authority.](https://www.frixlaw.com/law-library/statutes/ecfr-43-2091.0-3.md)
- [43 CFR § 2091.0-5 § 2091.0-5 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-43-2091.0-5.md)
- [43 CFR § 2091.1 § 2091.1 Action on applications and mining claims.](https://www.frixlaw.com/law-library/statutes/ecfr-43-2091.1.md)
- [43 CFR § 2091.2-1 § 2091.2-1 Segregation.](https://www.frixlaw.com/law-library/statutes/ecfr-43-2091.2-1.md)
- [43 CFR § 2091.2-2 § 2091.2-2 Opening.](https://www.frixlaw.com/law-library/statutes/ecfr-43-2091.2-2.md)
- [43 CFR § 2091.3-1 § 2091.3-1 Segregation.](https://www.frixlaw.com/law-library/statutes/ecfr-43-2091.3-1.md)
- [43 CFR § 2091.3-2 § 2091.3-2 Opening.](https://www.frixlaw.com/law-library/statutes/ecfr-43-2091.3-2.md)
- [43 CFR § 2091.4-1 § 2091.4-1 Segregation and opening: Desert-land entries and Indian allotments.](https://www.frixlaw.com/law-library/statutes/ecfr-43-2091.4-1.md)
- [43 CFR § 2091.4-2 § 2091.4-2 Segregation and opening: Airport leases and grants.](https://www.frixlaw.com/law-library/statutes/ecfr-43-2091.4-2.md)
- [43 CFR § 2091.4-3 § 2091.4-3 Segregation and opening: Carey Act.](https://www.frixlaw.com/law-library/statutes/ecfr-43-2091.4-3.md)
- [43 CFR § 2091.5-1 § 2091.5-1 Segregation of lands resulting from withdrawal applications filed on or after October 21, 1976.](https://www.frixlaw.com/law-library/statutes/ecfr-43-2091.5-1.md)
- [43 CFR § 2091.5-2 § 2091.5-2 Segregation of lands resulting from withdrawal applications filed prior to October 21, 1976.](https://www.frixlaw.com/law-library/statutes/ecfr-43-2091.5-2.md)
- [43 CFR § 2091.5-3 § 2091.5-3 Segregative effect and opening: Emergency withdrawals.](https://www.frixlaw.com/law-library/statutes/ecfr-43-2091.5-3.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-43-2091.1. Check the current official text before relying on it. Not legal advice.